02-902 (2) Return copy to: (e.c.) ORIGINAL Council File#
Real'Estate Division
140 City Hall Green Sheet# 020 3930
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To Committee: Date
1 BE IT RESOLVED,that, upon the petition of John Kratz, as documented in Real Estate Division File
2 Number 01-2002,public properties hereinafter described are hereby vacated and discontinued as public
3 property;
4
5 The property to be vacated is described as follows:
6
7 that part of unimproved Albion Avenue lying west of the west right-of-way line of Lexington
8 Parkway and east of a line from the northwest corner of Lot 1, Hartman's Rearrangement to the
9 southwest corner of Lot 15, Block 19, West End Addition;
10
11 This vacation shall be subject to the terms and conditions of Chapter 130, codified March 1, 1981, of the
12 Saint Paul Legislative Code as amended, and to the following conditions:
13
14 1. That the petitioner's, their successors and assigns shall pay$500.00 as an administrative fee for
15 this vacation which is due and payable within 60 days of the effective date of this resolution.
16
17 2. That the petitioner shall cause a twenty foot alley easement within Albion Avenue hereby vacated
18 to be dedicated on its redevelopment plat,the location of which easement to be subject to the
19 approval of the Department of Public Works.
20
21 3. That a Twenty foot wide permanent utility easement, centered on the existing 10 inch sanitary
22 sewer shall be retained on, over,under and across the vacated area on behalf of the City of Saint
23 Paul, Department of Public Works to reserve the right of the City to maintain and operate any
24 sewer in or upon said easement and to enter upon said easement or any portion thereof at any
25 time and from time to time, for the purposes of future construction, reconstruction, inspection,
26 maintenance or repair of the same or any part thereof. Said utility easement shall be subject to
27 the following conditions:
28
29 a. No buildings, structures,trees or any temporary'structure, material storage, fixture, or any
30 other objects that will prohibit normal access to utility facilities for maintenance purposes
31 will be permitted within the easement area. ENTERED 1A!T ;?. "r 9.70-CADS
32 03
DIRECTOR,PROPERTY TAXATiON
ey oun , Minnesota
By • 1AL n9 J-{_/
ORGNAL 134._1.6�.
1 b. Improvements in or upon the above described easement that do not prohibit the City from
2 exercising its reserved rights may be allowed by obtaining written permission from the
3 Department of Public Works Sewer Division with the understanding that the restoration
4 and costs of such improvements shall be the sole responsibility of the petitioner, its
5 successors and assigns in the event the City exercises its reserved easement rights.
6
7 c. Should it be necessary that the petitioner's works or improvements be removed or
8 damaged as a result of the Department of Public Works operations, all removal,
9 replacement or modification costs shall be borne solely by the petitioner.
10
11 d. No change from the existing grade within the easement area will be permitted without
12 written permission from the Department of Public Works.
13
14 e. No change in surfacing within the easement area will be permitted without written
15 permission from the Department of Public Works.
16
17 f. The petitioner, its successors and assigns shall indemnify, defend, and save harmless the
18 City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or
19 claims which shall arise from any injuries or damages received or sustained by any break
20 in any service pipe or connection in said reserved easement arising out of or resulting
21 from any action or negligence of the petitioner, its employees, agents, or business
22 invitees.
23
24 4. That the petitioner shall be responsible for having a land surveyor, licensed with the State of
25 Minnesota, locate and protect, during the development, the existing monument at the southwest
26 corner of Albion and Lexington. The petitioner shall also search for a monument at the
27 southwesterly corner of Lot 15,Block 19, West End, and submit a sighed statement of the
28 findings.
29
30 5. That the petitioner shall be responsible for the reconstruction of the intersection of Albion and
31 Lexington Avenue to the satisfaction of the Department of Public Works, including, but not
32 limited to, new curbs, drainage structures, sidewalk, boulevard and signs, to remove all
33 appearances of street right-of-way.
34
35 6. That the petitioner shall be responsible for the construction and maintenance of its private drive
36 and its private utilities that may be installed in the alley and sewer easements required in
37 conditions 2 and 3 above.
38
39 7. That a permanent utility easement shall be retained on, over,under and across that part of the
40 vacated area lying north of a line 10.00 feet north of and parallel to the south line of said vacated
41 area to protect the interest of Northern States Power Company, d.b.a. Xcel Energy.
42
43 8. That a new easement shall be dedicated to Northern States Power, d.b.a. Xcel Energy, for the
44 relocation of its electrical facilities, the full cost and expense of said relocation to be borne by the
45 petitioner.
•
ORNAL -ckozy)-.
1 9. That a permanent utility easement shall be retained on, over, under and across the easterly 20.00
2 feet of the vacated area to protect the interest of Qwest Communication, Inc.
3
4 10. That, should development of the vacated area require relocation of A. T. & T. Broadband
5 facilities,the petitioner shall dedicate a new easement and shall bear all costs of such relocation.
6
7 11. That the final landscaping and grading plan shall be subject to approval by the Department of
8 Parks and Recreation.
9
10 12. That, except as described in the conditions above and with the accompanying Utility Easement
11 Certificates of Intended Non-Use, filed voluntarily on behalf of Qwest Communications,
12 Incorporated,Northern States Power Company, d.b.a. Excel Energy, District Energy St. Paul,
13 Incorporated, MCI Metro Incorporated, A.T. & T. Broadband, the Board of Water
14 Commissioners, and the Department of Public Works, made a part hereof by this reference and
15 filed in the office of the City Clerk of Saint Paul, the City, for itself and on behalf of these
16 corporations and departments, waives the right to the utility easements in the above described
17 vacated area.
18
19 13. That the petitioners,their successors and assigns agree to indemnify, defend and save harmless
20 the City of Saint Paul, its officers and employees from all suits, actions or claims of any character
21 brought as a result of injuries or damages received or sustained by any person,persons or
22 property on account of this vacation or petitioners' use of this property, including but not limited
23 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or
24 because of any claims or liability arising from any violation of any law or regulation made in
25 accordance with the law, whether by the petitioners or any of their agents or employees.
26
27 14. That the petitioners,their successors and assigns shall, within 60 days of the effective date of this
28 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution
29 and shall, within the period(s) specified in the terms and conditions of this resolution, comply in
30 all respects with these terms and conditions.
Yeas Nays Absent
Benanav ✓ Requested by Department of:
Blakey ,/ Technology& Management Services
Bostrom
Coleman ✓
Harris ✓ By:
Lantry ✓ irector
Reiter b,/ Form Approved by City Attorney
Cr
/ / 1 /
Adopted by Council: Date �.S a-o 06.,, By: � a�2
Adopti.. ?-rtified by Council Sere,tary \
By: A. _ ..ro e• .y Mayor for S .mi.s'.nto r . cil /
Approv-. . Mayor:- I• i� ` O �� /
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DOC# 3622524
Certified Recorded On
MAY 15, 2003 AT 03:00PM
OFFICE CO.RECORDER
RAMSEY COUNTY MN
Fee Amount: $20.00
IIIII III III I II I I I I II I I II I II III IIII
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) ss.
CITY OF SAINT PAUL )
I, Shari Moore, Deputy City Clerk of the City of Saint Paul, Minnesota,
do hereby certify that I have compared the attached copy of Council File No.
02-902 as adopted by the City Council on September 25, 2002 and approved
by the Mayor on September 30, 2002 with the original thereof on file in my
office.
I further certify that said copy is a true and correct copy of said original
and the whole thereof.
WITNESS, my hand and the seal of the City of Saint Paul, Minnesota
this 12th day of March, 2003.
964-ce
Shari Moore
DEPUTY CITY CLERK
'— PO iv f )�`�-cam
CITIZEN SERVICE OFFICE
Donald J.Luna,City Clerk
SP AIA UNT L CITY OF SAINT PAUL 170 City Hall Tel.: 651-266-8989
0* Randy Kelly,Mayor 15 W.Kellogg Boulevard Fax: 651-266-8689
Saint Paul,Minnesota 55102
AMA
rte...
March 12, 2003
To: Ramsey County Recorder
DOC# 3622524
Number Instrument Description Fees
CF #02-902 Resolution Albion Street ,
a
RAMSEY COUNTY RECORDER
BY
Contact Person: Shari Moore
266-8686
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